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When 13-year-old student John Doe (not his real name, obviously) applied to the Milton Hershey School—a private boarding school in Hershey, Pennsylvania for low-income students—he seemed like the ideal candidate: a good student who plays sports and studies several foreign languages. But because he’s been HIV positive his entire life, the school rejected him. Is John Doe the new Ryan White?
The school said, “In order to protect our children in this unique environment, we cannot accommodate the needs of students with chronic communicable diseases that pose a direct threat to the health and safety of others.”
So now Doe and his family are suing for discrimination with the hopes of still getting him enrolled.
How about we take this to the next level?
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On one hand you could argue this is a non-government funded private school that can decide its own enrollment, no matter how unfair the criteria. And even though they ignorantly consider HIV a “chronic communicable diseases that pose a direct threat,” it’s also possible that the school rejected Doe because they worried that other students might pass their diseases to Doe’s immune-suppressed body.
But even private schools are subject to consideration under federal discrimination laws. His rejection could be a direct violation of the Americans with Disabilities Act or against other Pennsylvania laws that forbid based on HIV status.
And here’s the ultimate problem: after these students leave their school, they may live and work around someone who has HIV, the same way the rest of us do. By refusing Doe, the school would like to teach their students that HIV doesn’t exist and that the best way to deal with it is to avoid and discriminate against HIV-positive people—a pretty stupid lesson for any school, public or private
erasure25
But doesn’t HIV fall under the Americans with Disabilities Act? I seem to remember something about that a few years ago. The ADA is one of those cardinal laws that are difficult to weasel your way out of. I personally think the ADA law is used too often in a punitive manner, but in this case, it would seem warranted.
erasure25
@erasure25: Duh, the 5th paragraph talks about the ADA.lol.
Steve
Yes it is a direct violation of the ADA.
also
@erasure25: What do you mean “used to often in punitive manner”? It’s not used enough. Have you ever tried to shop somewhere where the space between the shelves wasn’t enough to get your wheelchair through? Have you ever had to go somewhere to sign papers and not been able to get inside because you can’t walk up the stairs?
Hitting people in their pockets is the only way Disabled people like me, my sister, my friends and every other disabled American can get fair treatment in public places and the ADA is how we do it, that’s what it’s for.
shannon
I UNDERSTAND THE PARENTS BEING SCARED…..BUT THEY NEEDED TO BE EDUCATED ABOUT HIV….IT IS OK TO BE AROUND…DRINK AFTER SOMEONE WITH HIV! HELL…THEY SHOULD BE SACRED OF THE FLU MORE!!!
roger
you would think that after 30 years with this disease people would be better educated, especially a school. even with the ada many businesses find ways to get around it. i worked for the postal service and while the grudeenly complied with the act they made my life a living hell. if this student wins his suit and gets admitted he will probably have a very difficult time there. i say sue them and get the money to go elsewhere.
Austin - not That Austin
If I were the parent of a student there, I wouldn’t be worrying about
drinking from a used water glass. I’d be worried about horney teen agers
rooming in the same dorm, exploring sex without being taught the specifics,
and no access to condoms…and roommates sharing toothbrushes.
MAP
@Austin – not That Austin:
exploring sex without being taught the specifics–ok, I can see it
no access to condoms–yep, problematic
roommates sharing toothbrushes–the mechanics of transmission in this scenario are mind-bogglingly difficult to manage. Poz must use brush, leave substantial amount of blood on bristles; secondary user must immediately use brush and blood from poz user #1 must be in place and able to breach the saliva barrier (lysozyme for example is prevalent)and be placed in relatively immediate access to the bloodstream through an opening in the gums.
Sure, it’s NOT impossible, but damn you have to work at it.
Anjouan
I suggest concerned readers also make comments on the Milton Hershey FB page https://www.facebook.com/MiltonHersheySchool There are a lot of postings that reveal how badly misinformed folks are. And there are some great comments as well!
Jim
As someone who supports gay rights, and someone who went to Milton Hershey School. I have to say that as a private boarding school, it is not a day school enviroment. There are many questions, and yes I have been guilty of emotional trolling, but this post is NOT emotional trolling, but I do have questions I would like my opponents to answer. Who is to say said person doesn’t get into a fight, gets a bloody nose and that blood gets into a cut of someone else, or the person who punched him. NO AMOUNT of sensitivity training is going to prevent bullying as kids can and will be very cruel. Who is to say that after bullying this student doesn’t start doing things to either scare or spread the disease. Remember these students live on campus and do not go home most of the year. My big worry is as he becomes more of a young man in a few years, the unprotected sex thing, as it happens more than you think, even on their field trips. How about an accidental sports collision thing with HIV spreading the same way as a fight, a cut into another person, not necessarily from MHS, but in playing sports against other area schools. The ONLY way he could be accomodated is and guarantee non transmital of HIV is to have a special 24 hr a day chaperone. Would this not violate privacy laws, so the school is burnt either way. So if they accept this student, and someone else gets HIV, who then gets sued and has to pay damages? I am done ranting, but I want answers from the other side to these educational questions. The School was seeking legal guidance, but since the parents got lawsuit happy, I have no choice but to now blindly defend the school now, they want money and admittance, you can have one or the other, but both, no you can’t. I say pay his family and send him to another school, and have the school thoroughly go over their policy. BTW, they do not accept anybody with other communicable diseases, and everyone gets their shots, no way out of that one. OUCH. Have a good weekend everyone.
Julie Brawner
I believe the school has the right to reject anybody if there could be harm to other students. My sister has 5 kids and she has hiv. If my sister dies then I am her only family and I am suppose to take in her kids, but I have made it clear to her and her kids if my sister dies the kids will get tested for hiv and if any of them have it they wont be living with me. I feel sorry for her kids because they didnt ask for it but there mom went and had sex with this man knowing he had hiv for $100 dollars. Now for the past 13 years my sister is intentionally infecting men, not telling them she has hiv and she wont have sex with them if they use protection. I know one man got her pregnant and he found her medication for hiv and when she said those are my hiv medication he threatened to kill her (no she is still alive) and he went to prison for threatening to kill her because she didnt tell him she was hiv. Do you know its a misdeameanor if you intend on having sex and dont tell your partner you have hiv. Then if you have sex and dont tell your partner your hiv it becomes a felony. Do you know the only person allowed to report this kind of crime is the victim, but how is the victim suppose to report the crime if he doesnt know. I found this out by trying to report what my sister is doing. I know my sister goes to swingers parties and has multiple partners (15 to 20) in a month. Imagine 13 years times 12 months times 15 to 20 partners = 3,120 and that is if none of her partners never have sex again.
Mk_Ultra_Again
@Jim: Thank you Jim, for the marvelous example of stunning bigotry and ignorance, a summary of the very bullshit the school is throwing out against a kid. So you’ve already accused the 13 year old of planning to purposely spread the virus, concocted a number of extreme scenarios where the virus would be spread, accused him of planning to have unprotected sex, practically clutched your pearls and gasped “oh think of the children!” If that’s not emotional trolling, what is? Hello, it’s the very definition! Is there an actual point to all your wild speculation besides trying to scare people? Why are you saying so very clearly that it’s okay to discriminate against a 13 year old?
David K
@Julie Brawner: So will any potentially HIV-infected children not be living with you in case you accidentally have sex with one of them and become infected yourself, or something? Because either purposely having sex with them or accidentally having sex with them is the only reason that you should have any concerns about living with children who are HIV positive, and I’d imagine that you probably wouldn’t have sex with them on purpose unless you’re repugnant human filth.
Memory Overlord
@Julie Brawner: you are an uneducated, ignorant idiot.